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(영문) 부산지방법원 2014.05.15 2013가단73434

손해배상(기)

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 32,00,000 and the interest rate thereon from December 13, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 7, 2007, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) stating that the Plaintiff shall rent KRW 801,00,000,000 for lease deposit from January 2, 2008 to January 2, 2010 (hereinafter “the lease agreement of this case”) among G Borrowing (hereinafter “instant building”) located on the ground of the Busan Dong-gu C, D, E, and F (hereinafter “instant land”).

On November 16, 2007, the Plaintiff completed the registration of the establishment of chonsegwon with the content of the Plaintiff, who is the person having chonsegwon, as to 801 out of the instant building, until January 2, 2010, the duration of the lease deposit amounting to 80 million won, January 2, 2010, and January 2, 2010.

B. Defendant I mediated the conclusion of the instant lease agreement by a licensed real estate agent H.

C. Meanwhile, at the time of October 21, 2003, J concluded a sales contract for the instant building with K, the owner of the instant land, and completed the registration of ownership transfer on November 15, 2003. K completed the registration of ownership transfer on the instant land, completed the registration of ownership transfer on its own name on June 20, 207, after completing the registration of ownership transfer on the instant building from June 27, 2007 to July 2, 2007.

On September 16, 2008, J, the owner of the land of this case, filed a lawsuit against the Plaintiff and Duna Construction, and K, etc. seeking removal and removal of the building of this case as Busan District Court 2008Gahap17413 on September 16, 2008. On August 12, 2009, the above court rendered a judgment on August 12, 2009 that "the Plaintiff shall move out the building of this case, the Duna Construction shall remove the building, and K shall deliver the land of this case."

Although the plaintiff et al. appealed, the appellate court dismissed the plaintiff's appeal on January 11, 201 (Seoul High Court 2009Na13897) and the above judgment became final and conclusive on February 8, 2011.

(hereinafter “instant final judgment”). E.